Thank you for your recent FOI / EIR request. Please find attached an acknowledgement for this request.
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Dear Paul Cawthorne

 

ENVIRONMENTAL INFORMATION REGULATIONS 2004 - INFORMATION REQUEST

 

Thank you for your request dated 21^st September 2023. We have considered
your request and provide the following information:

 

Please release all documentation about:

 

 1.  Why CCBC claims to no longer be in possession of the consultancy
report Stanger 2001, which specified in its conclusion that CCBC was
‘knowingly’ allowing pollution of controlled waters to happen.

 

The Council has not claimed to no longer be in possession of the report. 
We have the report and a copy of the report was provided to you in EIR
request 22/0886.

 

     2. Why other consultancy literature reviews since seem to make zero
reference to that important Stanger 2001 report conclusion which may show
a pattern of legal breach given confirmed lack of discharge consent.

 

We understand the requirement for a discharge consent relates to the newly
installed drainage system, it does not relate to the fact that leachate
may be emanating from the ground from a legacy site.   As previously
explained, when a part 2A assessment is undertaken it relies on data at a
specific point in time, hence why there is so much monitoring ongoing at
the moment.  The report needs to consider what risk the site currently
poses.

 

 3. We note that CCBC has supplied a resident with a copy of the Stanger
2001 report not so long ago.  When did the report disappear at CCBC?

 

Please see response to Q1.

 

 4.  Penrhos chemical egress to Nant Ty’r Arllwyd and over pavement in new
housing estate.

 

There was no chemical egress over the pavement in the new housing estate
to our knowledge and we are not aware of the Nant Ty’r Arllwyd. 

 

 5.  Whether CCBC has ever actually carried out a full due process EPA
part 2A determination of Ty Llwyd or alternatively has merely relied
on incompletely reviewing consultant’s opinion instead in some
undefined sub-compliant process.

 

Please refer to the response provided to you in EIR response 22/0886.  As
previously advised, the Council undertook a Part 2A assessment back in
2013 where it was concluded that the site posed no risk to controlled
waters.  The Council are currently working through this process once again
and the conclusions will be communicated following our investigation.

 

We supply this information based on your original request.  If this is not
what you wanted or if you feel we have not fully understood your request
please do not hesitate to contact me to clarify your exact requirements.

 

Please note that we have dealt with your enquiry under the Environmental
Information Regulations 2004. Environmental information is exempt from
disclosure under the Freedom of Information Act 2000 by a Section 39
exemption. This exemption exists due to provision for access to this type
of information already being provided for by the Environmental Information
Regulations 2004. Therefore in accordance with Section 17 of the Freedom
of Information Act 2000 this letter acts as a Refusal Notice to supply
this information under the Freedom of Information Act.

 

If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please contact us.

 

Yours sincerely

 

CORPORATE INFORMATION GOVERNANCE UNIT

 

 

 

Freedom of Information Act 2000 / Environmental Information Regulations
2004

 

You have the right to appeal against our decision.
If you wish to appeal please set out If you are unhappy with that decision
in writing your grounds of appeal you have the right to appeal to:
and send to:
 
Information Unit
Caerphilly county borough council, Information Commissioner’s Office –
Penallta House Wales
Tredomen Park 2nd Floor, Churchill House
Hengoed. CF82 7PG Churchill Way
Cardiff CF10 2HH
 
 
Appeals will be determined by an
appropriate senior officer. Telephone: 0330 414 6421 

 

Website: [1]www.ico.org.uk

Email: [2][email address]

 

 

Re-use of information without permission may infringe the Copyright,
Designs and Patents Act 1988. Re-use can include, but is not limited to,
making multiple copies, publishing and issuing copies of the information
to a wider audience. If you would like to re-use copyright material owned
by Caerphilly County Borough Council, please contact us. Authorisation to
re-use copyright material not owned by this Authority should be sought
directly from the copyright owner.

 

 

How we will use your information

 

Caerphilly County Borough Council will process your request, the
information relevant to your request, your identity and contact details
for the purposes of providing you with a response.  A copy of your request
and your response will be kept for 3 years.  Some requests and responses
may be kept longer but this will be in an anonymised form.  

 

Your request including your identity and contact details will be
distributed to relevant service areas and elected members who may either
hold the information you have requested or are involved in the processing
of requests.  Other organisations and individuals who may be affected by
the disclosure of the information you have requested may be consulted
prior to a decision being made on the disclosure.

 

If you have made a complaint to the Information Commissioners Office (ICO)
or others in relation to the processing of your request, copies of your
request, response and any additional correspondence between you and
Caerphilly County Borough Council in relevant to your request may be
shared with them.

 

You have a number of rights in relation to your information including the
right of access to information we hold about you and the right of
complaint if you are unhappy with the way that we have handled your
request or your information.

 

For further information on how we process your information and your rights
please click the following link:

 

[3]https://www.caerphilly.gov.uk/Caerphilly...

 

 

 

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